Plant Breeders Release First 'Open Source Seeds'

Backers of the new Open Source Seed Initiative will pass out 29 new varieties of 14 different crops, including broccoli, carrots and kale, on Thursday.

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Originally published on May 27, 2014 1:49 pm

A group of scientists and food activists is launching a campaign Thursday to change the rules that govern seeds. They're releasing 29 new varieties of crops under a new "open source pledge" that's intended to safeguard the ability of farmers, gardeners and plant breeders to share those seeds freely.

It's inspired by the example of open source software, which is freely available for anyone to use but cannot legally be converted into anyone's proprietary product.

At an event on the campus of the University of Wisconsin, Madison, backers of the new Open Source Seed Initiative will pass out 29 new varieties of 14 different crops, including carrots, kale, broccoli and quinoa. Anyone receiving the seeds must pledge not to restrict their use by means of patents, licenses or any other kind of intellectual property. In fact, any future plant that's derived from these open source seeds also has to remain freely available as well.

Irwin Goldman, a vegetable breeder at the University of Wisconsin, Madison, helped organize the campaign. It's an attempt to restore the practice of open sharing that was the rule among plant breeders when he entered the profession more than 20 years ago.

"If other breeders asked for our materials, we would send them a packet of seed, and they would do the same for us," he says. "That was a wonderful way to work, and that way of working is no longer with us."

These days, seeds are intellectual property. Some are patented as inventions. You need permission from the patent holder to use them, and you're not supposed to harvest seeds for replanting the next year.

Even university breeders operate under these rules. When Goldman creates a new variety of onions, carrots or table beets, a technology-transfer arm of the university licenses it to seed companies.

This brings in money that helps pay for Goldman's work, but he still doesn't like the consequences of restricting access to plant genes — what he calls germplasm. "If we don't share germplasm and freely exchange it, then we will limit our ability to improve the crop," he says.

Sociologist Jack Kloppenburg, also at the University of Wisconsin, has been campaigning against seed patents for 30 years. His reasons go beyond Goldman's.

He says turning seeds into private property has contributed to the rise of big seed companies that in turn promote ever-bigger, more specialized farms. "The problem is concentration, and the narrow set of uses to which the technology and the breeding are being put," he says.

Kloppenburg says one important goal for this initiative is simply to get people thinking and talking about how seeds are controlled. "It's to open people's minds," he says. "It's kind of a biological meme, you might say: Free seed! Seed that can be used by anyone!"

The practical impact of the Open Source Seed Initiative on farmers and gardeners, however, may be limited. Even though anyone can use such seed, most people probably won't be able to find it.

The companies that dominate the seed business probably will keep selling their own proprietary varieties or hybrids. There's more money to be made with those seeds.

Most commercial vegetable seeds are hybrids, which come with a kind of built-in security lock; if you replant seed from a hybrid, you won't get exactly the same kind of plant. (For this reason, some seed companies don't bother getting patents on their hybrids.)

John Shoenecker, director of intellectual property for the seed company HM Clause and the incoming president of the American Seed Trade Association, says his company may avoid using open source seed to breed new commercial varieties "because then we'd ... have limited potential to recoup the investment." That's because the offspring of open source seeds would have to be shared as well, and any other seed company could immediately sell the same variety.

The initiative is probably more significant for plant breeders, especially at universities. Goldman says he expects many plant breeders at universities to join the open source effort.

Meanwhile, two small seed companies that specialize in selling to organic farmers — High Mowing Organic Seeds in Hardwick, Vt., and Wild Garden Seed in Philomath, Ore., are adding some open source seeds to their catalogs this year.

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Transcript

KELLY MCEVERS, HOST:

It's MORNING EDITION, from NPR News. I'm Kelly McEvers.

DAVID GREENE, HOST:

And I'm David Greene. Good morning.

We begin this hour with food - specifically, vegetables. A lot of money and time goes into making better crops to feed more people. That comes down to the science of developing new types of seeds. Because of all the resources that go into them, varieties of seeds are often controlled by patents and licenses. But there's a group of scientists and food activists who want those seeds shared freely. And today, they're launching a new campaign to change how seeds are governed.

NPR's Dan Charles reports.

DAN CHARLES, BYLINE: Irwin Goldman, at the University of Wisconsin in Madison, is one of the people behind this campaign.

IRWIN GOLDMAN: I breed carrots and onions and table beets, and I teach courses in plant breeding.

CHARLES: He pollinates the plant and selects the most attractive offspring, creating new varieties for gardeners and big farmers alike. When he started doing this more than 20 years ago, he says, there was an explicit code of ethics among plant breeders: You didn't own your work. You shared it.

GOLDMAN: Other breeders, if they asked for our materials, we would send them a packet of seed. They would do that same for us. That was a really wonderful way to work, and that way of working is no longer with us.

CHARLES: These days, seeds are intellectual property. Some are patented, as inventions. You need permission from the patentholder to use them, and you're not supposed to harvest seeds for replanting the next year.

Even university breeders do this. When Irwin Goldman creates a great new variety, the university licenses it to seed companies. The money this brings in helps pay for Goldman's work, but he still does not like this system of restricting access to plant genes, what he calls germplasm.

GOLDMAN: If we don't share germplasm and freely exchange it, then we will probably limit our abilities to improve the crop.

CHARLES: Sociologist Jack Kloppenberg, also at the University of Wisconsin, has been campaigning against seed patents for 30 years for slightly different reasons. He says they've led to the rise of big seed companies that are promoting ever-bigger farms.

JACK KLOPPENBERG: The problem is concentration and the narrow set of uses to which the technologies and the breeding are being put.

CHARLES: So, this morning, Goldman and Kloppenberg and some other seed patent critics will gather on the front lawn of the university's Microbial Sciences Building and they'll launch what they call the Open Source Seed Initiative. It's inspired by the example of Open Source software. That's software that anyone can use, but you're legally prohibited from turning it into a proprietary product.

They're unveiling 29 new varieties of carrots, broccoli, kale, quinoa and 10 other crops. And they're saying these new varieties are unrestricted - no patents or licenses. In fact, if you use them to breed new lines of vegetables, you have to make those new varieties freely available, too.

KLOPPENBERG: So what we're talking about is freeing up material again.

CHARLES: Kloppenberg says one important goal for this initiative is simply to get people thinking and talking about how seeds are controlled.

KLOPPENBERG: It's to open people's minds, and it's a kind of biological meme, you might say: free seed, seed that can be used by anyone.

CHARLES: Anyone can use them, but most people probably won't be able to find them.

The companies that dominate the seed business probably will keep selling their own proprietary varieties or hybrids. There's more money to be made with those seeds. Most commercial vegetable seeds are, in fact, hybrids, which come with a kind of built-in security lock. If you replant seed from a hybrid, you won't get exactly the same kind of plant.

John Shoenecker, director of intellectual property for the seed company HM Clause, in Davis, California, says his company may avoid using open source seed to breed new varieties.

JOHN SHOENECKER: Because then we would start, you know, investing in it and have limited potential to, you know, recoup the investment.

CHARLES: Because the offspring of open source seeds have to be shared, too.

Irwin Goldman says he expects many plant breeders at universities to join the open source effort. And two small seed companies that specialize in selling to organic farmers are adding some open source seeds to their catalogs this year.